Thoughts on Life, Love, Politics, Hypocrisy and Coming Out in Mid-Life

Tuesday, April 17, 2018

Michael Cohen and the Busting of the Trump Crime Family

Things didn't go well yesterday in court for Donald Trump's consigliere, Michael Cohen - or by extension, Trump himself. Efforts to quash the evidence seized in the raids on Cohen's office, home and hotel room failed and the federal judge overseeing the case reject White House demands that Trump attorneys be the first to be allowed to review the materials. Also taking a hit was Trump cheerleader and fake news disseminator Sean Hannity who was identified as another Cohen client. Despite Hannity's dissembling, one has to wonder what he really engaged Cohen to undertake on his behalf given the cesspool like nature of most of Cohen's "fixing" for Trump and at least one other well heeled Republican hypocrite. A piece in Talking Points Memo focuses on why Cohen could be Trump's Achilles heel. Here are highlights:

The most shocking-but-not-surprising aspect of James Comey’s account
of meeting Donald Trump is the ease with which he drew upon his experience
prosecuting organized crime. Meeting Trump, he told
George Stephanopoulos, “I had a flashback to my days investigating the
Mafia, La Cosa Nostra.” Trump’s leadership style eerily tracked that of the mob
bosses he had studied. “There’s an expression in the Mafia — there’s a
distinction between a friend of yours and a friend of ours. A friend of yours
is someone on the outside of the family, a friend of ours, an ‘amica nostra’ is
the way they talked about it in Sicilian, is part of the Family, capital F.”

It is a pure coincidence, but a revealing one, that Comey’s
story has come out at the exact same time that Michael Cohen has emerged as a
first-tier, and perhaps pivotal, figure in the prosecution of Trumpworld. Cohen
has called himself Trump’s consigliere and is the most palpably moblike
character in Trump’s orbit. . . . . The investigation of Cohen, in particular,
will reveal just where along that continuum the truth lies.

One of the ways in which Trump’s business closely resembles
organized crime is that, because it relies so heavily on morally and legally
dubious business ventures, its human-resource strategy de-emphasizes
qualifications and relies heavily on loyalty. Or, to put it differently, a
person’s willingness to engage in, and keep one’s mouth shut about, Trump’s
dubious activities is the most important qualification.This explains why Trump is not known for
hiring bright young minds from leading business schools and relies so heavily
on his children, as a mafia boss would. It also explains why he retained the
legal (or quasi-legal) services of Michael Cohen, a graduate of the
worst law school in the United States.

It was immediately
evident that the FBI raid on Cohen’s home and office posed a major and
novel threat to Trump. . . . . the
instant reaction may have understated things. Cohen has involved himself in a
wide array of shady activities, ranging from business deals involving Russia
and/or underworld financing sources to paying off women Trump had sex with or
sexually harassed.

There is no question that Trump would pardon Cohen of any federal
charge. But that still leaves many open channels through which Cohen’s troubles
could implicate Trump. One is that physical evidence seized from Cohen could
implicate his boss.Reportedly,
Cohen kept recordings of his conversations, and legal mistakes like this are the
sort of risk you run when you scour America’s worst law schools for talent.

A second risk is that Cohen might be vulnerable to prosecution for
state crimes — and remember, a president can only issue pardons for federal
crimes.

Trump has run his business like a mafia operation because maintaining
secrecy is the paramount value. Despite the vast trove of public access to
Trump’s endless public statements and colorful marital life, a huge amount of
his work remains shrouded in secrecy, from his ties to La Cosa Nostra in the
New York real-estate world to his casino business in Atlantic City, to his
overseas business dealings and the tax returns he refuses to disclose.
Mueller’s investigation probably will not result in the literal end of Trump’s
presidency. (That would require 67 Senate votes to impeach, a highly improbable
outcome.) But it will probably reveal whether he has run his business merely like
a crime family or literally as one.

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Out gay attorney in a committed relationship; formerly married and father of three wonderful children; sometime activist and political/news junkie; survived coming out in mid-life and hope to share my experiences and reflections with others.
In the career/professional realm, I am affiliated with Caplan & Associates PC where I practice in the areas of real estate, estate planning (Wills, Trusts, Advanced Medical Directives, Financial Powers of Attorney, Durable Medical Powers of Attorney); business law and commercial transactions; formation of corporations and limited liability companies and legal services to the gay, lesbian and transgender community, including birth certificate amendment.

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